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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Tinku Alias Rahul – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the petitioner in case FIR No.377 dated 22.04.2024, registered under Sections 148 , 149, 323, 324, 302, 506 of the Indian Penal Code, 1860 (for short ‘ IPC ’), at Police Station City Yamuna Nagar, District Yamuna Nagar.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:
“Statement of Akash son of Shri Aman Kumar, resident of 1001, Balaji Nagar, Dera Bassi, Police Station Derabassi, District Mohali Punjab age 24 years Mobile No.9781842073. It is stated that I am resident of the above mentioned name and address and I work as a Recovery Agent in AK Associates Company, Zirakpur and my maternal uncle's son Abhishek @ Rishu son of Manoj Kumar, resident of Hanuman Colony Chitta Mandir Yamuna Nagar, District Yamuna Nagar age 24 years also works as a recovery agent with me and lives in a rented room in Zirakpur with his family. Abhishek @ Rishu had a love marriage with Nisha daughter of Jagir Singh, resident of Gadhauli Colony, Yamuna Nagar, about a year ago,
Bail can be granted if the petitioner is a young first-time offender without evidence of flight risk or witness tampering, despite serious allegations against him.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue incarceration due to prosecution delays warrants bail.
In absence of strong incriminating evidence from material witnesses, bail should be granted, emphasizing the principle of personal liberty.
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
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